Corrections and Conditional Release Act (S.C. 1992, c. 20)

Marginal note:Right of appeal

• 147 (1) An offender may appeal a decision of the Board to the Appeal Division on the ground that the Board, in making its decision,

  • (a) failed to observe a principle of fundamental justice;

  • (b) made an error of law;

  • (c) breached or failed to apply a policy adopted pursuant to subsection 151(2);

  • (d) based its decision on erroneous or incomplete information; or

  • (e) acted without jurisdiction or beyond its jurisdiction, or failed to exercise its jurisdiction.

• Marginal note:Decision of Vice-Chairperson

  (2) The Vice-Chairperson, Appeal Division, may refuse to hear an appeal, without causing a full review of the case to be undertaken, where, in the opinion of the Vice-Chairperson,

  • (a) the appeal is frivolous or vexatious;

  • (b) the relief sought is beyond the jurisdiction of the Board;

  • (c) the appeal is based on information or on a new parole or statutory release plan that was not before the Board when it rendered the decision appealed from; or

  • (d) at the time the notice of appeal is received by the Appeal Division, the offender has ninety days or less to serve before being released from imprisonment.

• Marginal note:Time and manner of appeal

  (3) The time within which and the manner in which a decision of the Board may be appealed shall be as prescribed by the regulations.

• Marginal note:Decision on appeal

  (4) The Appeal Division, on the completion of a review of a decision appealed from, may

  • (a) affirm the decision;

  • (b) affirm the decision but order a further review of the case by the Board on a date earlier than the date otherwise provided for the next review;

  • (c) order a new review of the case by the Board and order the continuation of the decision pending the review; or

  • (d) reverse, cancel or vary the decision.

• Marginal note:Conditions of immediate release

  (5) The Appeal Division shall not render a decision under subsection (4) that results in the immediate release of an offender from imprisonment unless it is satisfied that

  • (a) the decision appealed from cannot reasonably be supported in law, under the applicable policies of the Board, or on the basis of the information available to the Board in its review of the case; and

  • (b) a delay in releasing the offender from imprisonment would be unfair.